DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northern Metropolitan Cemeteries Land Manager
(AG2018/7094)

NORTHERN METROPOLITAN CEMETERIES LAND MANAGER ENTERPRISE AGREEMENT 2018

Cemetery operations
COMMISSIONER MCKINNON	MELBOURNE, 20 FEBRUARY 2019

Application for approval of the Northern Metropolitan Cemeteries Land Manager Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Northern Metropolitan Cemeteries Land Manager Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Northern Metropolitan Cemeteries Land Manager. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2019. The nominal expiry date of the Agreement is 19 February 2023.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, the Northern Metropolitan Cemeteries Land Manager, sought approval for the Northern Metropolitan Cemeteries Land Manager Enterprise Agreement 2018. The respondent, the Victorian Trades Hall Council, objected to the application, arguing that the proposed agreement did not adequately address several aspects of employee entitlements and conditions. The dispute was heard in the Fair Work Commission, where the Commission was tasked with determining whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The key legal issues revolved around whether the proposed agreement provided for the minimum entitlements as required by the Act and whether it had been genuinely negotiated. The Commission needed to assess whether the agreement met the statutory requirements, including provisions for minimum wages, leave entitlements, and other conditions. Additionally, the Commission had to consider whether there was genuine negotiation between the parties and if the agreement was in the best interests of the employees.

In its decision, the Commission found that the proposed agreement met the statutory requirements and was genuinely negotiated. The Commission noted that the agreement provided for the minimum entitlements, including wages, leave, and other conditions, and that there was evidence of genuine negotiation between the parties. The Commission also considered the views of the employees and concluded that the agreement was in their best interests. As a result, the Commission approved the application for the Northern Metropolitan Cemeteries Land Manager Enterprise Agreement 2018.

The Commission approved the application for the Northern Metropolitan Cemeteries Land Manager Enterprise Agreement 2018, finding that it met the statutory requirements and was genuinely negotiated. The Commission determined that the agreement provided for the minimum entitlements and was in the best interests of the employees. The Commission's decision was based on the evidence presented and the legal standards set out in the Fair Work Act 2009.

Northern Metropolitan Cemeteries Land Manager

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established